I need advice for a lien plz We sold our house and rented back from new owner, we did work on house while renting with approval from owner and were never reimbursed. We also gave a $5000 rental deposit which was never refunded. What the best type of lien for this matter. thx Marc / builderbergconst@gmail.com
You really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
You should consider preparing a letter to mail by certified mail, return receipt requested, to the buyer to set out the facts and to demand the relief that you want. Attach support to your letter such as invoices and/or receipts for the work you performed, and for the deposit. Make sure that your letter is professional and business like as it may be evidence later.
If need be, consider filing suit in small claims court (assuming that your claim is less than $20,000), using your letter as evidence.
Good luck.